Why It Could Be More Expensive to Do Your Taxes

January 5, 2010 RSS Feed Print
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Many people expect 2010 to be the last year with current marginal income tax rates, because the Bush tax cuts are set to expire. I'll have more on what that means for filing your 2010 tax return soon, because I have an article in an upcoming U.S. News issue on that very topic. But that's not the only way doing your taxes in 2010 might be less of a drain on the wallet compared to doing them in 2011. The cost of paying someone to do your taxes could be going up next year.

The IRS has announced starting in 2011 it will be regulating the tax return preparers who work on over 80 percent of all federal income tax returns.

Starting with the 2011 tax season, the IRS plans to require paid preparers to register with the agency. Subsequently -- the timeline is not yet firm -- they will be required to pass competency tests and receive continuing professional education.

As we all know, making something more scarce also means making it more expensive. Requiring registration and testing will reduce the supply of tax return preparers, thus allowing those who remain to charge more for their services.

That might be a cost worth taking. Daniel Indiviglio of the Atlantic argues that we need to crackdown on "shady" tax preparers. But he also points out that there's another way to address the problem of unregulated tax preparers that would yield much greater additional benefits.

...a much better solution would be to construct a new tax system where we don't need tax preparers. Maybe I'm crazy, but I think more simplicity is a far better alternative to more regulation.

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ysl shoes 8:56PM April 15, 2010

Could you believe that our world has such ass holes in the uper esselaon and think they are doing the world a favor by making some reduclious demands on the world they are only killing them selves, but they are not smart enough to figure this out, they may not have to pay the same tax we do, and are probably exempt from the IRS deals, would that lock your jaws, these people make the rules as they go any way you think the world knows what goes on every day and what is happening to their world or or is it that they just don't care what road this suppose to be FREE World is traveling.. I think they just don't care, and they are scared to lift a finger to support a free AMERICA. Hand it over by the truck loads People and see what the Returns are..

Anonymonus of SC 12:14PM April 07, 2010

Unlike the IRS, many preparers indemnify their clients against penalties and fines levied as a consequence of those clients taking the preparer's advice. On the contrary, you can go to the IRS for tax information, and then get fined by them for relying on that information if they later decide it was incorrect. They thus make no representation that their interpretation of tax law is reliable.

The ultimate arbiters of tax law are the courts, not the IRS. Thus the proper relationship between preparers and the IRS, with respect to some aspects of tax law, may well be adversarial.

This new scheme will create a conflict of interest for preparers when and if the IRS challenges a tax return. Preparers will have a perceived interest in siding with the IRS, and against their clients, because of the implied threat that they will lose their credentials by disagreeing with the IRS interpretations.

If registration and credentials are required, they should be issued by an independent body, such as a state board of accountancy or a state bar association, which would not create the appearance of a conflict of interest in a court challenge. This new regulation is like putting district attorneys in charge of whether a person may act as a defense attorney, or like putting incumbent politicians in charge of who can be certified to run against them.

I wonder if this regulation was created by the IRS for the purpose of creating the conflict of interest, and thus of reducing the likelihood that a taxpayer can find effective professional representation in a court challenge. If you want to challenge an IRS interpretation, you will need an IRS-approved advocate.

I guess I had better not sign this one.

Anonymous of VA 5:19PM January 06, 2010

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